Legal Opinion · Concurrence

State v. Cox

North Dakota Supreme Court

Decided June 1, 1995No. Crim. 940294Published

1ConcurrenceMeschke, Justice

This is a developing subject. While I join in the majority opinion, I write to suggest there may be questions of fact for the jury, other than those outlined in this opinion. There may even be other questions of law for jury instructions on this subject. But no questions about the jury instructions were posed by this appeal. See NDCC § 29-06-15 (warrantless arrest permissible for a misdemeanor offense committed in officer’s presence); State v. Ackerman, 499 N.W.2d 882, 885 (N.D.1993) (exigent circumstances must exist to support officer’s warrantless entry into home to arrest for nonfelony…

2Cases cited6 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Welsh v. WisconsinSupreme Court of the United States · 1984
  3. United States v. SantanaSupreme Court of the United States · 1976
  4. State v. AckermanNorth Dakota Supreme Court · 1993
  5. King v. City of Ft. Wayne, Ind.District Court, N.D. Indiana · 1984

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